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Page Fourteen
<br /> FaIlluOuth,Mass.,Friday,April 10,IS* r
<br /> Section 4.3.4 Application for Permits and Requests for Section 4.3.6 Coordination With other, Soards
<br /> Determination i /rill oii�/y`
<br /> Any Portion filing
<br /> Written application shall be filed with the a request for deterinafion
<br /> Commission to misslk+n shad prt5ulfM,k'4ap 1 ►rs �/a � ���/��
<br /> Perform activities regulated
<br /> by this bylaw affecting resource areas pro- same tlme0, by
<br /> efhyt,,i �jfltAb.M1t(r,
<br /> sorted by this bylaw. The application shall Counsel/Soardof�e-LiMdtmen,, Nw1.M n,r;«l,��ld '/��/�i
<br /> include such information and plans as are Sparc!of,Appeals,
<br /> deemed necessary by the Commission to Inspector, the Watsrtekah` 1 `iM
<br /> describe proposed activities and their Shellfish,Ctwisstra akiMpldiM1stYq stti
<br /> effects on the environment. No activities not take-final astlon,until s}fch i�tff4
<br /> shall commence without receiving and comply- off Iciohs-haue had,ldas frcw � of //
<br /> Ing with a permit issued pursuant to this notic4 to,fila W15`t.,t,M,fpTAL
<br /> bylaw» mendattons with t11farlss , "tad ��s
<br /> CommUssion shalt make into Gc q all Mfy Mhq hr '�
<br /> shall not be bfnditig,on thoi +CcM(Nais14Applica � Ewa
<br /> Any y such
<br /> that
<br /> l saved the r�^t tit /The Commission In an appropriate case may anh caamsnts and'
<br /> accept as the application and plans under pond tothem ate hearijng of� tti t'rt,'ir
<br /> this bylaw the Notice of intent and plans mission, prtoe to final'
<br /> filed under the Wetlands Protection Act,
<br /> D.L. c.13l, Section 44.
<br /> Section 4.3.7 Permits, oet#pMjftSiti,ons, anti Cant if r� ��/�iiai i
<br /> Any person desiring whether or not proposed
<br /> activity or an area is subject to this bylaw If the Commission after a pnbl6c he; l>tt/���ii� ii�„
<br /> le may in writing request a determination from determines that the a+ fmot # ic // �/���//�
<br /> the Commission. Such a requrst for determi- subject of the applic4 lion arsF 1is �rr/�f�i��
<br /> cant'pr s glad p,ef w �/l /�y�,
<br /> nation shall contain data and plans specs-ulations of the Commission. have oignlfi
<br /> fled by the re _ the wetland-tratue�y protects
<br /> g the iCarenlsaF"on, within 2h
<br /> of the hearing, small
<br /> At the time of an application or request the for the tictl+fl ties request4d
<br /> applicant icant shalt a perml t, the Cgisslort slwal7 �f �
<br /> pp pay a filing fee specified �i%����
<br /> g ditidns which the Ccprmassilxn dkbA /�
<br /> in regulations of the Commission. This fee i�
<br /> or deslrableto. rulers the
<br /> Is in addition to that required by the Wet-
<br /> p
<br /> atI activities shalt,be
<br /> lands Protection Act., D.L.waive
<br /> the Section with those conditions
<br /> 44. The Commission may waive the filingfee
<br /> on an application or request filed by a
<br /> pp 4
<br /> The Commission s
<br /> rlssion I i y i l
<br /> government agency and may waive it for a re-
<br /> quest for determination of applicability for failure to meek` Lhahi
<br /> filed by a person having no financial con- byl Awl for failure toi
<br /> ad
<br /> nectiof with the property which is the sub- Information n Is1,
<br /> i�e
<br /> mission for fallu -t
<br /> jrct of the request. Spec Ific Sit 1pns
<br /> r irerfn
<br /> other regtiirements in
<br /> Comm$s I onl ^for fai 1 uin V
<br /> unacceptable sigatficaf'lti
<br /> the + Ktld�
<br /> Section 4.3.E Notice and Hearings effects upon,by this bl*lawl apd 4ihuaa ei11
<br /> adequate to,pr6tat �bs�p�t�
<br /> Any person filing an application or a re- consldenatlxifii sh,a11� ��i� /�/
<br /> quash for determination with the en notice strated hardah"p,,on
<br /> at the sauna time shall give written notice of dlinial
<br /> e preatetCsed aaY;-, aG i i���
<br /> thereof, by certified mail, to all ahuttors
<br /> according to the most recent records of the
<br /> assessors, including those across a traveled A permit shalt expire threway or a bodye
<br /> abut tors nice af water and n tole ahe notice
<br /> o any in date of lesuance. Notwt,Jstj d �1tw
<br /> whip r
<br /> all
<br /> p of i ce to above, the Cohwuis I On 1n b is
<br /> copy of the appl i- issue a permit expiring III %twt
<br /> cation or request, with plans, or shall data of issuance for re1vM.irr`$
<br /> state where copies may be examined and ob- ous maintehanc'e work, provldat �r.
<br /> tained by abuktors free of charge. When a notification of IIM* And 11 ��-
<br /> person requesting a determination is other Is given to the Cc"hission,
<br /> than the owner, the request, the notice of be renewed once for an addLtV"on
<br /> the hearing and the determination itself Pari'uflr provided that: a requa!st faaF ftF+hiaw,4tti
<br /> shall be sent by the Commission to the is received in writing by the �ilyljsi'oVyi
<br /> owner as well as to the person making the Prior to expiration...
<br /> request. An affidavit of the applicant or
<br /> of the person mailing such notice in his For good cause the Commission in*' rslFdit or
<br /> behalf, together with an attested copy of modify a 1ierufil1 issued under this tp NltM
<br /> the notice mailed, shall be filed with the after,publ=tc" ttdtic';o Andp'ubli;c nearWZ,�'y�>nd t
<br /> Commission prior to the hearing. notice to the holder of the popoikit
<br /> The Commission shall c8nduct a public hear- time requrremwent^a Specified in section
<br /> ing on any Application or request for dater- shall. be appli,cabte.
<br /> urination, with written notice given at the
<br /> expense of the applicant, five working prior The Commission in an 4pprnpriaita Case May
<br /> to the hearing, in a newspaper of general combine the Porml-t,or:.drtiot action on ah� J
<br /> circulation in the municipality. a^Plication Issued unrtt^tr snit bylaw with
<br /> the order of conditi0fts- issuiod under the
<br /> The Commission shall commence a public hear-
<br /> Wetlands Protection Act. r
<br /> ing within 21 days from receipt of a com-
<br /> Pleted application or request for determina- No work Proposed in Any apptica;tl.on �1t4ypfi�I be
<br /> tion. undertaken until "the permtt Isspeti Nay;'th .-
<br /> Commission with respeiet to such w k':haa;-;
<br /> The Commission shall issue its bean recorded in the re Istry of dettij,' *,
<br /> permit or g`
<br /> determination in writing within 21 days of -. If the land affected thereby 00 regillit!
<br /> the close of the land, In lira reg-istrx ^sactfoo
<br /> Public hearing thereon,
<br /> unless otherwise extended by the written court for thedlstrlctvtharatn tea I
<br /> authoriaati.on of the applicant. lie and, unit the holder of the pen.} if„ i ,
<br /> certifies in writing that the,
<br /> 'parmllL��ha
<br /> The Commission in an appropriate case may treaty $o recorded.
<br /> combine its hearing under this bylaw with
<br /> the hearing conducted under the Wetlands
<br /> Protection Act G.L. c.131, Section 40. /
<br /> Section 4.3.8 Regulations
<br /> The Commission shall have the authority to
<br /> continue the hearing to a date certain After a public notice ,and pubs-lc bssr9t�announced At the hearing, for reasons stated the Commission shall
<br /> of prdisul;tjata solos and at she hearing, which may include receipt of regulations to effectuate'the pur'Jt'd'sea ftf additional information offered by the app)i- this bylaw. Failure by tINs,C wiyWib�/to
<br /> cant or others, additional information and promulg*te such rules and'regula+�idh�%#t*plans required of the applicant, deemed g
<br /> necessary by the Commission in its discre- a 1e al declaration of tMiMF4if inwalll , ,
<br /> by At court of law shal`1 not act to rwwq
<br /> tion, or comments and recommendations of pond or i oval ldste thsa4f1b'c of tifis,�boards and officials listed in 4.3.6. In bylaw.'
<br /> thv event the applicant objects to a con-
<br /> tinuance or postponement, the hearing shall At A minimum these ax terms l regutaticimssha11;,;,i' fli1V�
<br /> be closed and the Commission shall take th this bylaw not InkonaVkMkMnt. action on such information as is available. with this nla ,.,...., . a�v a,n•a?., �%� d fir.&
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